That’s for you to decide! You are now in removal proceedings being charged with deportation or inadmissibility. If you lose, most foreigners often never get another chance!

It is unclear if you qualify to seek asylum, Convention Against Torture relief, or Withholding. Each have limits,... View More

If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.

Creating a company can cause confusion as to whether you are engaged in employment... View More

If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a... View More

You must file an asylum application, within one year of entry, where you believe that you have a well founded fear of persecution on account of one of the required causes. Otherwise, you can lose your right to seek asylum and a green card.

You must file with the proper USCIS office, at a... View More

This is confusing, because you indicate that you pled guilty, so warrants are not the issue.

If you are inadmissible based upon a deportation order and/or the criminal convictions, then you must seek a waiver of inadmissibility if you may qualify for one. You may also need to file for... View More

I agree with my colleague. You must first determine whether you can argue that you did what was necessary to sustain a motion to re-open. Some are disqualified even if they missed their hearing date.

The automatic stay only applies when the motion to re-open awaits review at the Immigration... View More

A visitor visa is for visiting, not for living and working in the United States. There is a presumption of immigrant intent every time you apply, so seeking a second extension, in addition to remaining in the United States, tends to demonstrate that you don’t want to leave.

If denied,... View More

If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.

It seems like the adjudicator was giving you a chance. Your... View More

More information is needed. When did you depart the United States? Do you know whether criminal charges were actually filed against you?

If a consular official has reason to believe that you are inadmissible, then the new visa can be denied and an approved visa petition may be revoked. It... View More

You must stay if you want to adjust status. You now have immigrant intent for any future admission so advanced parole is mandatory. There may also be other complications with the adjustment. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney who... View More

You must first prove to the satisfaction of an U.S. asylum officer or border inspector that you have a credible fear of persecution. Once done, you must file another application, then prove that you have a “well founded fear” of persecution on account of the limited reasons.

There is... View More

Quite a bit of consequences. His visitor visa may be revoked when and if he visits. He may get upset or lie to a CBP Officer, which can result in a permanent ban on lawful immigration. Encourage him to be patient and wait.

The process gets more restrictive every year. The costs also go up.... View More

In general, those with associates degrees are disqualified from H1b visas unless there is significant years of experience . In addition, Congress set a low quota in 1990 that has remained deficient for decades. It resulted in a visa lottery that leaves many organizations without the ability to... View More

A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.

Complain to your Congressional... View More

We wish it was that simple. More information is needed. If you’ve called the 800 number, then found out that ‘your date is real,’ then no, you must carefully perfect your asylum filing before the one year deadline. Otherwise, you may never qualify for lawful permanent residence status... View More

No, your brother in law is disqualified as a matter of law. He is ineligible to petition too for an I-130. He can only act as a joint sponsor with your wife.

In order to avoid complications, including what can prove to be permanent bars on lawful immigration, I strongly recommend an... View More

more information is needed. How are you in the process of becoming a lawful permanent resident? You are facing removal, correct?

how do you qualify for employment authorization card? did you file for adjustment? Did you file for Asylum? Do you have a well-founded fear based on one or more... View More

If you must answer the questions without an attorney, then carefully read and re-read all of the questions. Some questions are meant to be skipped. If you make a mistake, then you can complicate processing and cause a wrongful denial of the application.

Some believe that it is too... View More

All of us are decisional. Consummating a marriage, let alone having a child out of wedlock, is a significant obligation. Your mutual decision to enter into this relationship resulting in the birth of a child carries awesome responsibilities. This can include child support. You cannot deport... View More

First, do you have a well founded fear of persecution based upon any or some of the legal requirements? If so, were there sufficient changed circumstances as a matter of law over the last year? Do you know what is considered changed circumstances as a matter of law?

In addition, are you... View More